The materials below consist of regulations of the State University of New York Board
of Trustees. However, it is not the Official Compilation of the Codes, Rules, and
Regulations of the State of New York. Readers are advised to refer to the Official
Compilation ( 8 NYCRR Part et seq )in case of questions.

PART 313

PROCEDURES FOR DECLARATORY RULINGS

Sec.

313.1

General procedures

§ 313.1 General procedures.

(a) Petitions for the discretionary
issuance of a declaratory ruling concerning (1) the applicability to any person, property,
or state of facts of any rule or statute enforceable by the university, or (2) whether
any action by the university should be taken pursuant to a rule, shall be in writing
and subscribed by the petitioner. The petitioner shall specify the applicable rule
or statute and shall provide a complete statement of the facts and circumstances prompting
the petition, together with a full disclosure of petitioner's interest. Any facts
alleged in the petition shall be verified under oath by the petitioner.
Petitions shall be addressed to the chancellor of the university by certified mail,
return receipt requested. The returned post office receipt shall constitute proof
of service, which shall be deemed effective on the day such petition is received.

(b) The university counsel shall
review such petitions and recommend responsive declaratory rulings or advise that
an application should be declined as incomplete, ambiguous, inappropriate or unnecessary
under the facts and circumstances recited in the petition. Declaratory rulings shall
be reviewed and approved by the chancellor and shall be reported to the board of trustees.
With respect to a petition described in paragraph (a)(2) of this section, the university
shall issue, within 60 days of receipt of such petition, either a declaratory ruling
or a statement declining to issue a declaratory ruling.

(c) Any declaratory ruling issued
by the university shall be available for public inspection at the office of the university
records access officer in accordance with Part 311 of this Title.